Georgia is ranked as the 16th state in the United States with the highest medical malpractice costs per person, per year. Unfortunately, many Georgians suffer injuries and losses due to the negligence of their healthcare providers.
Fortunately, the law allows victims to seek compensation for their damages. However, the legal procedures can be complicated, which is why many victims seek the help of an Thomasville medical malpractice attorney.
At Joe Durham Jr., P.C., we have been receiving an increasing number of inquiries from residents in Georgia. Some clients are well-informed and aware of their rights but seek our help to save time and effort.
Others are unsure if their case qualifies as medical malpractice and request that we review their case, explain their options, and guide them through the process.
We believe it’s essential for our clients to receive all the information and advice they need. Thus, we often begin by defining medical malpractice to ensure our clients can determine whether they have a case or not. Call our office today so we can help you at 229-351-5320.
What Is Medical Malpractice?
Medical malpractice, also known as clinical malpractice, refers to the actions or inactions of healthcare professionals acting within their professional capacity that result in poor or negligent care, which causes additional problems or worsens an existing condition for patients.
Patients who have experienced medical malpractice in Thomasville, GA, have the legal right to seek compensation, and if the patient has passed away or is too sick to file a claim, their family can do so on their behalf.
At our law firm, our Thomasville medical malpractice attorneys have extensive experience handling a wide range of medical negligence cases, including:
- Birth injury
- Nursing home abuse
- Defective medical devices and implants
- Dental treatment negligence
- Anesthetic problems
- Incorrect prescriptions
- Misdiagnosis and delayed diagnosis
- Delay in treatment of cancer
- Negligent surgeries
- Hospital infections
How Do You Know You Have A Medical Malpractice Claim?
It is the legal responsibility of healthcare providers to offer reasonable care when providing medical advice, diagnosis, or treatment to their patients.
However, proving medical malpractice or negligence can be a challenging task for those without legal expertise. In such cases, a skilled medical malpractice attorney can be of great help.
To file a medical malpractice claim against a medical practitioner or institution, certain requirements must be met. These include:
Doctor-Patient Relationship (Duty of Care)
To have grounds for a medical malpractice claim, certain conditions must be met, including establishing a duty of care between the patient and the medical practitioner being sued.
All healthcare providers and institutions have a duty of care to their patients, but this does not necessarily mean that they must provide top-tier services or even just good standards of care.
The duty of care simply requires them to provide reasonable care, which is the standard of care that any reasonable healthcare provider or institution would provide.
For instance, if a surgeon operates on a patient, the standard of care or reasonable care would be that of a responsible institution of similarly qualified surgeons.
To have a valid medical malpractice claim in Georgia, it is necessary to prove that a breach of duty of care occurred. This requires showing that the healthcare practitioner was negligent in their diagnosis, treatment, or care of the patient.
However, simply proving negligence is not enough to pursue a medical malpractice claim. The claimant must also demonstrate causation and damages as well.
In medical malpractice cases, patients are often already suffering from an illness or injury, leading to questions about whether the healthcare provider’s actions or inactions were the cause of further harm. For instance, in cases of childbirth complications, the patient must demonstrate that the doctor’s negligence, recklessness, or incompetence was the direct cause of the harm or injury.
To file a medical malpractice claim in Georgia, it is not enough to prove that a medical practitioner acted negligently or did not provide reasonable care. The patient must also show that they suffered actual injury or harm as a result of the healthcare provider’s actions or lack thereof.
Even if it is clear that the provider was at fault, without demonstrating the resulting harm, a malpractice case cannot proceed.
What Damages Can I Get From A Georgia Medical Malpractice Claim?
Economic damages are a type of compensation that can be quantified in terms of a monetary value. They are awarded to compensate the victim or their family for various losses, including additional medical expenses, domestic assistance, future medical and rehabilitation expenses, lost earnings, and travel expenses associated with treatment and rehabilitation.
Non-economic damages aim to compensate the patient for the emotional and physical suffering they have experienced as a result of medical malpractice. Unlike economic damages, it is challenging to assign a dollar value to these damages.
Non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium, which is usually granted in cases where the patient has passed away.
In some extreme cases of medical malpractice, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are meant to punish the healthcare provider for particularly egregious behavior, such as willful or malicious actions or extreme recklessness.
Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim for their losses, but to serve as a deterrent to others in the healthcare industry. The amount awarded for punitive damages is left to the discretion of the judge or jury, within constitutional limits.
What Is Georgia’s Statute Of Limitation For Medical Malpractice?
In Georgia, there are strict time limitations for medical malpractice claims. You have two years from the date of diagnosis or injury, or the date you discovered your injury or condition was caused by negligent care, to file a clinical malpractice claim.
However, exceptions are made in cases involving children. It is important to act quickly because two years is a short time. Failure to pursue your claim within this timeframe, also known as statutes of limitations, may prevent you from recovering compensation.
If you have suffered harm due to a doctor’s or health institution’s negligence, contact a reliable Thomasville medical malpractice lawyer immediately by calling 229-351-5320.
How Can A Lawyer Help With Your Medical Malpractice Claim?
Medical malpractice cases are complex and require a comprehensive knowledge of both medical and personal injury laws. Proving negligence in these cases can be challenging and requires extensive investigation. Our experienced medical malpractice attorneys are equipped to handle all aspects of your case, including:
We will assist you in obtaining all necessary medical records, financial evidence, and witness statements from independent medical experts to build a strong case.
Our medical malpractice attorneys will conduct thorough investigations to calculate a fair amount of compensation for you and leverage their expertise to pursue your case and obtain the maximum compensation possible.
What Will It Cost To Hire A Reputable Medical Malpractice Lawyer In Georgia?
We at Joe Durham Jr., P.C. understand the financial burden that can follow a medical malpractice incident, which is why we offer our services on a contingency or no-win-no-fee agreement. This means that we prioritize our clients and ensure that there is no financial risk to them.
You will only pay us if your claim is successful, making the process less stressful and more accessible for you.
File Your Claim With A Thomasville Medical Malpractice Lawyer
Experiencing medical malpractice can be a difficult and traumatic time, which is why you need a team of experienced and reputable medical negligence lawyers to help you.
At Joe Durham Jr., P.C., our lawyers are not only skilled in handling medical malpractice cases but also work with medical specialists to build a strong case on your behalf. We understand that beyond compensation, you also want a stress-free process, and we’re here to help with that.
We offer a free initial consultation with no obligation, and our team of Georgia’s top medical malpractice attorneys will take the time to listen and understand your unique circumstances. Our goal is to help you obtain the answers, apology, and compensation you deserve. Call us at 229-351-5320 today to schedule your consultation.